The Third Circuit has affirmed the finding of extensive preemption in the Colacicco/McNellis suicidality litigation. Here’s a copy of the opinion. Judge Sloviter wrote the opinion. There is a dissent, by Judge Ambro. This is the first federal court of appeals decision to address preemption following the FDA’s 2006 Preemption Preamble.
The
Every once in a while, we feel compelled to point our massive readership in the direction of a few lesser known sources of information.
If you missed the article in today’s New York Times about preemption, here’s a link. Johnson & Johnson is naturally asserting the preemption defense in the 3000 pending cases involving
One of your dynamic blogging duo — we won’t say which one — strolled down the street recently to watch, on behalf of an interested client, the opening statements in a product liability trial.
The trial court had consolidated the claims of more than two dozen plaintiffs to be decided in this one trial. (The
We’ve posted before, mostly in the context of our critiques of the ALI’s Aggregate Litigation Project, about the inherent problems with permitting large class actions involving the purchase of consumer products. We’ve pointed out that, in the products field at least, not a single certified litigation (as opposed to settlement) class action has survived appellate
There are a lot of things we like about the learned intermediary rule. We’ve discussed many of them before. One aspect of the rule that we’ve touched on, but haven’t really explored in depth is the effect of the rule on causation in duty to warn claims.
Concerning causation, the first thing anybody
Bexis’ firm was involved in the case discussed in this post. Sadly, that means that you’re subjected today to pure, unadulterated Herrmann.
As a defense lawyer, here’s a hint that you’re just not going to like where things are headed: When six of the first seven pages of a judge’s decision in a civil case
For reasons too numerous to mention, neither of us can comment on the recent decision in Montgomery v. Wyeth, No. 1:05-CV-323, slip op. (E.D. Tenn. Mar. 19, 2008) (copy here) (now published at 540 F. Supp.2d 933).
But you should know about that decision, so we’re describing it (very briefly) here, stripped of
The Associated Press asked us about preemption, which resulted in our little blog being mentioned first on the AP newswire and then . . . everywhere!
We extend a warm welcome to our new visitors from the print or on-line editions of papers ranging from the Chicago Tribune, the Houston Chronicle, Newsday, and the
A year ago, on March 31, 2007, we published a post titled “We Like Sykes” about the Pennsylvania federal decision in Sykes v. Glaxo-SmithKline, et al., 484 F. Supp.2d 289 (E.D. Pa. Mar. 28, 2007). In that decision, Judge Stengel granted summary judgment in favor of the vaccine manufacturers (as preempted by the
We’re pleased to report on another preemption victory, Horne v. Novartis Pharmaceuticals, 2008 WL 1847077 (W.D. N.C. Apr. 23, 2008), this time involving the drug Lotensin, which (logically enough) is used to reduce hypertension/high blood pressure. While the opinion is only a “partial” dismissal, it’s our sense that the “partial” victory covers the really